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HOME DEVELOPMENT MUTUAL FUND v. SPS. FIDEL

This case has been cited 6 times or more.

	GR No. 172588 2013-03-18	ISABEL N. GUZMAN v. ANIANO N. GUZMAN BRION, J.
It should be noted that as a legal recourse, certiorari is a limited form of review.[33] It is restricted to resolving errors of jurisdiction and grave abuse of discretion, not errors of judgment.[34] Indeed, as long as the lower courts act within their jurisdiction, alleged errors committed in the exercise of their discretion will amount to mere errors of judgment correctable by an appeal or a petition for review.[35]
	GR NO. 162814-17 2005-08-25	JOSE F. MANACOP v. EQUITABLE PCIBANK YNARES-SANTIAGO, J.
Without filing a motion for reconsideration from the decision of the trial court and even before the latter could rule on the motion for execution pending appeal, Equitable Bank filed on April 24, 2002 a Petition for Certiorari, Prohibition and Mandamus (with Prayer for Temporary Restraining Order and Preliminary Injunction)[28] before the Court of Appeals docketed as CA-G.R. SP No. 70298. Lavine also filed a Petition for Certiorari with Prayer for Temporary Restraining Order (TRO) and Writ of Preliminary Injunction[29] docketed as CA-G.R. SP No. 70292, after it withdrew its Notice of Appeal. Both claimed that appeal was not a plain, speedy and adequate remedy under the circumstances.
	GR NO. 162814-17 2005-08-25	JOSE F. MANACOP v. EQUITABLE PCIBANK YNARES-SANTIAGO, J.
Meanwhile, Rizal Surety, First Lepanto, Equitable Bank and Lavine separately filed a Notice of Appeal.[23] PhilFire likewise filed a Notice of Appeal,[24] a Motion for Reconsideration (Ad Cautelam),[25] and a Motion to Dismiss.[26] PhilFire's Motion for Reconsideration and Motion to Dismiss were denied by the trial court on May 14, 2002.[27]
	GR NO. 162814-17 2005-08-25	JOSE F. MANACOP v. EQUITABLE PCIBANK YNARES-SANTIAGO, J.
Judge Laviña granted intervenors' motion for execution pending appeal[30] and issued a writ of execution on May 20, 2002[31] which was implemented the following day. Personal properties of PhilFire and First Lepanto were seized; the latter's bank deposits garnished while real properties belonging to Equitable Bank were levied upon. The writ was not enforced against Rizal Surety because its corporate name and operations were transferred to QBE Insurance (Phils.) Incorporation ("QBE Insurance").[32]
	GR NO. 162814-17 2005-08-25	JOSE F. MANACOP v. EQUITABLE PCIBANK YNARES-SANTIAGO, J.
Rizal Surety, for its part, did not file a petition under Rule 65 of the Revised Rules of Civil Procedure but maintained its ordinary appeal from the April 2, 2002 decision of the trial court. However, acting on the report that Rizal Surety was now re-organized as QBE Insurance (Phils.) Inc., Judge Laviña issued an Order dated May 27, 2002 directing the implementation of the Writ of Execution against QBE Insurance.[35]